Orthodontist Sued for Missing a Cancerous Lesion

Should Orthodontists Be Held Liable for Missing a Cancerous Lesion?

Lawsuits can strike fear in the hearts of dentists – not only for the costs involved, but for the damage they inflict on a dentist’s reputation that has taken a lifetime to build.

Where does liability end and common sense begin?

Recently the NY state court found that orthodontist Dr. Michael Donato was not negligent in the death of former patient Stephanie Hare. Ms. Hare’s family held Dr. Donato responsible for Stephanie’s death due to failing to detect a cancerous lesion during a December 2003 visit.

In April 2004, a lump was detected on her tongue by Dr. Donato, who ultimately referred her to an oral surgeon. But by then, the cancer was in its advanced stages. She died seven months later.

The family was seeking a $2.3 million award from Dr. Donato for pain and suffering.

The case pivoted around whether jurors would believe the cancerous lesion was present on Dec. 19, 2003 when Ms. Hare’s family said she complained of soreness to Dr. Donato; whether Dr. Donato should have found the lesion during a routine orthodontist examination; and whether he followed standard dental care during the exam.

“Stephanie’s death was not anybody’s fault,” Dr. Donato’s lawyer, Douglas Fitzmorris, told jurors in his summation. “Stephanie died of cancer. Dr. Donato is not to blame. The whole specter of this lesion being missed by Dr. Donato is not what happened. There was no deviation from accepted practice.”

And the jury agreed with Fitzmorris’ assessment of the case.

Should an orthodontist be held liable if he misses a cancerous legion? What if the patient’s complaints sound like issues stemming from braces and not cancer?

For more on this story, see Staten Island Advance.

What Makes a Dentist go Bad?

when dentists go badIn recent news, dentist Davinder Singh Jamus failed to effectively sedate a patient as he filed down her teeth at the Kensington Dental Spa clinic in West London, causing her to scream out in agony.

His response was to tell her that, “Nobody screams in my surgery,” while botching her veneer job.

On March 21, the UK General Dental Council listened to story upon story from angry former patients of Dr. Jamus.

When one of the former patients complained about the quality of her dental care, he allegedly told her she had been “very ambitious and naughty.” Apparently he tried to intimidate her into silence by advising that if she tried to take it further he “could guarantee she would lose.”

Jamus is also accused of allegedly fitting one patient with dental crowns to two teeth, instead of providing veneers as agreed, and failing to give another patient enough time to consider treatment before asking for consent while not admitting he had perforated her root canal.

Is this a bad misuse of his position as a medical professional, or an example of a poorly trained dentist?

NHS in the UK saw a 4.4% rise in annual complaints about GP services and dentistry to in 2009 -2010. There are twice as many claims on British dentists as there are on British doctors for poorly done treatment, fraud or excessive fees.

Other complaints are for badly done root canals or broken crowns and bridges.

Some believe the rise in complaints in the UK is due to the rise in the costs of procedures during rough economic times. Davinder Singh Jamus seems to be the exception — not the rule — when it comes to quality dental care.

What are your thoughts on bad dentistry?

For more on the Jamus dental story, see: The Daily Mail.

Dental Marketing Gone Bad: Dentist Threatens Lawsuit for Negative Review

Dental Marketing Gone Bad: Dentist Threatens Lawsuit for Negative ReviewThe most costly dental marketing mistake could be threatening to sue your dental patients.  And once again, a dentist is making front-page news with her challenge against a negative dental review on Yelp.

ABC News is reporting that Stacy Makhnevich, DDS, threatened to sue dental patient Robert Allen Lee for posting critical comments about Dr. Makhnevich on Yelp and DoctorBase.

According to ABC News the problem began in 2010, when Robert Lee went into Dr. Makhnevich’s office for a scheduled dentist’s appointment. Lee claims he was in excruciating pain when he was told he had to sign a Mutual Agreement to Maintain Privacy form, before being treated. The privacy form required that Lee agree not to publish any commentary or write anything disparaging about his experience online.

Lee further states that although he was hesitant to sign this form, he was desperate to receive treatment and gave in to agreeing to sign the form.

Lee became unhappy when there was a mishap with billing his insurance company and he couldn’t get Dr. Makhnevich’s office to rectify the situation to his satisfaction, Lee wrote negative reviews about Dr. Makhnevich and her practice on Yelp and DoctorBase.

Both ABC News and Public Citizen are reporting that Makhnevich sent a letter to Lee demanding that he delete the negative posts, warning him that he violated the agreement he signed and threatened to sue him for breach of contract. Dr. Makhnevich also contacted the review sites and asked for Lee’s negative comments to be removed.

Both Yelp.com and DoctorBase refused to take down the negative reviews, but Makhneich reportedly claimed that a copyright clause gave her ownership of the negative comments. She then went on to send Lee an invoice for $100 for each day the negative remarks remained online.

Lee has now taken legal action against the doctor by filing a lawsuit in the US District Court of the Southern District of New York, accusing Stacy Makhnevich, DDS, of violating his rights as a patient by threatening him with a lawsuit for posting negative comments online.

As we have reported here on The Wealthy Dentist in the past, dentists have not been successful in court when suing patients directly for their negative online reviews. Recently in California a dentist who sued a patient now has to pay $80,000 in legal fees, not just to the patient who posted the review, but also to Yelp itself.

In the article, Dental Marketing: A Guide for Avoiding Negative Online Reviews, The Wealthy Dentist has offered dentists advice on how to handle a negative online review — and threatening to sue the patient was not listed as a viable dental marketing option.

What are your thoughts on negative online reviews and the sites that allow them?

For more on this story see: Dentist Threatens to Sue Patient for Negative Yelp Review and Doc Sued Over Attempts to Prohibit Patients From Writing Online Reviews.

Dentists: Does 99 Dollars an Hour Make You a Wealthy Dentist?

Dentists: Does 99 Dollars an Hour Make You a Wealthy Dentist?Dentists make $99.00 an hour, which is more than orthopaedic surgeons but less than nurse anesthetists, according to a study by Suneel B. Bhat, MD, an orthopaedic surgery resident and his colleagues at the Thomas Jefferson University Hospital.

Presented this month at the American Academy of Orthopaedic Surgeons (AAOS) 2012 Annual Meeting, Dr. Bhat’s study found that becoming an orthopaedic surgeon was a “poor financial investment” compared with studying law, dentistry, or anesthesia nursing, according to Medscape Today News.

“Our study, the first direct comparison of the financial return of orthopaedic surgery to other professions, highlights the point that there is a relatively lower financial value incentive for qualified individuals to enter orthopaedics compared to several other professions, which could potentially have far-reaching implications on career choice and subsequent access to care for patients,” the authors concluded.

The Medscape report revealed that the researchers found that dentists earned a cumulative career total of $6,866,796.

That was less than the $10,756,190 made by orthopaedic surgeons, the $8,381,250 made by lawyers, and the $7,338,412 made by nurse anesthetists, but more than the $3,867,504 made by nurse practitioners.

Also published in the report is the amount of debt factored into the study for orthopaedic surgery students, which has increased by $34,000 for public schools and $40,000 in private schools over the past five years.

Since 1984, the medical school tuition has raised in public institutions by 165% and in private institutions 312%. They assumed that educational loans would be deferred until the annual liability was less than 25% of earnings, and that interest on the loans was 8.25%, according to Medscape.

When hourly income was calculated, orthopaedic surgeons made $88.00 per hour, compared to $93.00 for nurse anesthetists, $130.00 for lawyers, $49.00 nurse practitioners, and $99.00 for dentists.

The lingering recession has taken a bite out of dentists’ incomes over the past 4 years with many laying off employees and postponing retirement. The average dentist salary according to the U.S. Government Bureau of Labor Statistics is $74.00 an hour, with some new dentists earning $26.00 per hour at the lower salary range, while dentists at the upper range earn $80.00 per hour.

Another recent study compared the earning of high school graduates who skipped college and grad school expenses and went directly into the trades. The study compared a plumber with no advance educational cost and debt to a physician. The plumber came out ahead on life time earnings.

The real kicker was that the physicians not only got nailed for the extra school costs and debt expense, but were taxed by the government at a higher rate on their delayed earnings.

With the cost of higher education continuing to rise and the amount of student loan debt graduates carry after graduation, do you think dentists leaving dental school today still have the opportunity to become a wealthy dentist?

For more on this study see: Dentists’ Hourly Income Better Than Orthopaedic Surgeons’

Orthodontic Braces: Taxpayers Spent $424 Million for Children in Texas

Orthodontic Braces: Taxpayers Spent $424 Million for Children in TexasIn June of this year, The Wealthy Dentist published a story about Taxpayers footing the bill for orthodontic braces in Texas.

In Texas, Medicaid pays dentists for orthodontics per procedure, instead of a lump sum for the “finished mouth” of straight teeth.

This has made Medicaid orthodontia a lucrative dental business in Texas.

WFAA-TV of Texas has been investigating this story for the last six months and has uncovered hundreds of millions of dollars of questionable Medicaid spending on dental braces for children in Texas. Their news reports prompted federal investigators to now audit the Texas Health and Human Services Commission, which controls the Medicaid funds.

According to the WFAA website –

In a letter to the state, the Inspector General says it will examine the “authorization process for orthodontic treatment” under Texas Medicaid. “The objective of our audit,” the letter continues, “is to review the State’s controls to ensure that only medically necessary orthodontic cases are paid.” The time period covered by the audit is September 1, 2008 through May 28, 2011.

The new station’s investigation revealed that during that period, Texas taxpayers spent $424 million on orthodontic braces for children under Medicaid. Taxpayers spent $100 million in 2008, $140 million in 2009, and $184 million in 2010, state records show.

Texas dentist, Dr. Christine Ellis, who teaches at UT Southwestern Medical Center, has twice traveled to Washington in an attempt to convince lawmakers to scale back Texas Medicaid orthodontics payments and divert funds for more pressing dental needs.

Her attempts fell on deaf ears. According to the WFAA-TV article, Ellis said, “There’s no response. No one is putting the brakes on this thing.”

Billy Millwee of the Texas Health and Human Services Commission is now telling WFAA-TV that if taxpayers money has been lost, the Attorney General might take action to get it back. He went on to say that Texas will have a new managed care Medicaid dental program beginning next spring.

For more on this story see: Feds Investigate Texas Dental Medicaid Program and Taxpayers Footing the Bill for Braces in Texas.

Disclaimer

© 2017, The Wealthy Dentist - Dental Marketing - All Rights Reserved - Dental Website Marketing Site Map

The Wealthy Dentist® - Contact by email - Privacy Policy

P.O. Box 1220, Tiburon, CA 94920

The material on this website is offered in conjunction with MasterPlan Alliance.

Copyright 2017 Du Molin & Du Molin, Inc. All rights reserved. If you would like to use material from this site, our reports, articles, training programs
or tutorials for use in any printed or electronic media, please ask permission first by email.